Our Litigation lawyers can help you with strategic risk management, dispute resolution and litigation advice across the life cycle of a fund or real estate investment. Here's a snapshot of what we do.
- Successfully defending claims of misleading and deceptive conduct in an explanatory memorandum sent to investors during a hostile managed investment scheme takeover.
- Obtaining orders from the Administrative Appeals Tribunal overturning ASIC's decision to cancel a large fund manager's AFS licence.
- Successfully defending an individual and a corporate authorised representative in District Court proceedings for negligence and misleading or deceptive conduct in respect of financial advice provided to investors.
- Acting for corporate authorised representatives in relation to show cause notices and court proceedings issued by the AFS licensee alleging breaches of statutory and contractual obligations.
- Acting for responsible entities responding to notices issued by ASIC seeking extensive information about their corporate structures and compliance with AFS licence conditions.
- Acting for licensees responding to complaints lodged by clients about the provision of financial advice.
- Acting for a responsible entity of a property fund in multiple Federal and Supreme Court proceedings about the acquisition and refurbishment of two commercial office, retail and hotel premises.
- Successfully resolving a dispute involving the purchase of a building pursuant to a put and call option deed when it was later revealed the use of the building was unlawful and did not have planning approval.
- Acting for a tenant in Supreme Court proceedings about the meaning of 'fair market rent' for a rent review under a commercial lease.
- Successfully acting for the tenant of an industrial property in relation to delays for the completion of works.
- Acting for a retail shopping centre owner to appeal three consecutive land valuations.
- Acting for landowners seeking compensation arising from resumption of land.
- Acting for landlords of commercial, office and retail premises to recover rent arrears and advising on lease disputes involving breaches, termination, misleading and deceptive conduct, and tenant insolvency.
- Advising landlords on compliance with retail shop leasing legislation, including compensation provisions in connection with refurbishment works, demolition and relocation notices, disruption claims and lease termination.